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MANNING v. STATE

500 S.W.2d 913 (1973)

Harry MANNING, alias, Plaintiff-in-Error, v. STATE of Tennessee, Defendant-in-Error.

Supreme Court of Tennessee.

October 15, 1973.

Attorney(s) appearing for the Case

Samuel B. Schlanger, Asst. Public Defender, Nashville, for plaintiff-in-error.

David M. Pack, Atty. Gen., of Tenn., William C. Koch, Jr., Asst. Atty. Gen., Arnold Peebles, Jr., Tom P. Thompson, Jr., Asst. Dist. Attys. Gen., Nashville, for defendant-in-error.

OPINION

W.M. LEECH, Special Justice.

Defendant was convicted of armed robbery with a resulting punishment of ninety-nine years. The Court of Criminal Appeals reversed and remanded for a new trial raising an issue which had not been raised during trial, in the motion for new trial, or by assignment of error on appeal — that issue being the trial court's failure to instruct the jury on the defense of alibi...

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